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The Legal Intelligencer

Pa. Office of Inspector Gen. v. Brown, PICS Case No. 17-0010 (Pa. Commw. Dec. 21, 2016) McCullough, J. (9 pages).

By | January 06, 2017
Office of Open Records erred in granting requester's appeal as to his Right-to-Know Law request to the Office of Inspector General for rules, regulations, policies or related authority that governed its duties and functions because the request was not sufficiently specific to advise OIG of what records were being requested and did not identify the OIG transaction or activity for which the record was sought and failed to provide any context by which OIG could narrow the search. Reversed.
5 minute read

The Legal Intelligencer

Uniontown Newspapers, Inc. v. Pennsylvania Dep't of Corr., PICS Case No. 17-0016 (Pa. Commw. Dec. 19, 2016) Simpson, J. (23 pages).

By | January 06, 2017
Requester sought enforcement of an OOR final determination issued pursuant to a Right-To-Know Law request after the department of corrections denied a request for diagnosis data of inmates at a correctional facility. Motions for summary relief granted in part, denied in part and denied.
6 minute read

The Recorder

Decision on Attorney-Client Privilege Spooks Defense Bar

Writing for the majority, Justice Mariano-Florentino Cuéllar said that law firm invoices aren't categorically shielded from disclosure. The court's dissenters complained the decision undermines a “pillar of our jurisprudence.”
11 minute read

National Law Journal

Historic Mug Shots Line New Supreme Court Brief as Court Weighs Privacy Dispute

As the U.S. Supreme Court prepares to weigh a dispute over mug shots, a new amicus brief, backing the Detroit Free Press in its suit, presents a collection of historic and contemporary booking photos. The brief, filed by the Reporters Committee for Freedom of the Press, included the photos to argue that the images have a historical value, building an understanding of the context behind arrests, and should be widely available to the public. A federal appeals court ruling in July cited the privacy interests of defendants in concluding that the U.S. government does not have an obligation under public-records laws to release mug shots.
21 minute read

The Legal Intelligencer

Municipality of Mount Lebanon v. Gillen, PICS Case No. 16-1563 (Pa. Commw. Dec. 9, 2016) Colins, S.J. (12 pages).

By | December 22, 2016
Trial court correctly found that the donor exception in §708(b)(13) of the RTKL applied to individuals who volunteered services or the use of their property to municipality's deer control program. Affirmed.
5 minute read

New York Law Journal

Panel Finds Architectural Drawings Are Public Records

Architectural drawings for a Putnam County commercial development that were not formally submitted but were presented to a town planning board are considered public records under state law, an appeals court found.
4 minute read

New York Law Journal

Lee Enterprises, Inc. v. The City of Glens Falls

By | December 13, 2016
Respondents' Interpretation of Intra-Agency Exemption From FOIL Requests Rejected
3 minute read

The Recorder

Riske v. Superior Court (City of Los Angeles)

By | December 12, 2016
4 minute read

The Legal Intelligencer

Pa. State Police v. Kim, PICS Case No. 16-1486 (Pa. Commw. Nov. 17, 2016) Simpson, J. (11 pages).

By | December 09, 2016
A private surveillance video obtained by the state police pursuant to a criminal investigation was exempt from disclosure pursuant to the Criminal History Record Information Act and the criminal investigative exemption of the Right-to-Know Law. Final determination of the OOR reversed.
6 minute read

National Law Journal

Mug Shots Are Not Secret Records, Detroit Paper Tells Supreme Court

The Detroit Free Press is asking the U.S. Supreme Court to reverse a court decision that restricts public access to the mug shots of federal criminal defendants. Booking photos provide an "important window" into the government's exercise of its police powers, the media outlet said in its petition in Detroit Free Press v. U.S. Department of Justice.
10 minute read

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